In your medical malpractice case, the judge orders the defense to turn over their medical records, but they refuse to comply with this court’s order. Is there a penalty for the defense refusing the judge’s order and complying with it?
The new doctor you are consulting, tells you on your very first visit that your previous doctor has made some serious errors in regarding your health and diagnosis. If you decide to bring a medical malpractice case against your first doctor, then can you call your second doctor to testify against your original doctor?
You feel your doctor has failed to diagnose your cancer in a timely manner and because of that, you have suffered significant harm and injury. You file a medical malpractice lawsuit, and when you are questioned at the pretrial question and answer session called a deposition, the defense attorney asks you why you chose to bring a lawsuit at this time. Now, do you have to give an answer to this type of question?
When you are trying to find a medical malpractice attorney in New York, and you happen to know a personal injury attorney, you would want to know if this lawyer could handle your medical malpractice case.
During a pretrial settlement conference, what is the likelihood that you will be able to speak to the judge, who is supervising these settlement discussions? As your medical malpractice or personal injury case gets up to the point of trial, pretrial settlement discussion will be held.
Your medical malpractice case is close to trial and both sides have agreed to mediate the case, which means, settle it out of court before it gets to trial. Both sides agreed that it would be better to save time, effort, and money by mediating than actually trying the case. The mediation process is presided over by a mediator who is usually a retired judge or highly experienced attorney.
When a woman is giving birth, there are many things that could potentially go wrong. While many health care professionals do what they can to ensure the safety and health of both mother and child, there are instances where a birth injury may occur.
Authorities reported that the statistics on deadly errors made in hospitals or by medical care professionals reflects a declining trend for recent years. A federal review of hospital records reportedly showed that deaths caused by drug mistakes, infections and other preventable injuries or illnesses dropped by 17 percent from 2010 to 2013. If accurate, this is good news for New York, whose courts have fielded their fair share of medical malpractice lawsuits.
There will be instances when your lawyer could voluntarily expose a key weakness in your medical malpractice case in his opening arguments. This may sound quite shocking to you, since you would have thought your lawyer will start building a strong foundation for your case right from the start. Willingly presenting a weakness to the jury in the opening arguments might not seem right.
In a medical malpractice case it is critical to explain to the jury, what were the expected standards of care in the treatment how were these standards violated, and why such violation made a difference? For instance, you may have consulted a doctor for some health issue, and after receiving treatment from the doctor, you end up with an injury rather than getting back on track and getting your health back. You would want to know, whether the doctor has violated the basic standards of care that caused you harm.
